2542 Group Living Arrangements - A group living arrangement is defined as a public or private nonprofit residential setting that serves no more than 16 residents and that is licensed by KDADS, under Section 1616(e) of the Social Security Act. If questionable, the facility must verify it’s nonprofit status (proof they are considered nonprofit by the IRS).

 

Blind or disabled persons as defined in the Definition of Common Terms section of the Appendix who reside in a group living arrangement as described above may voluntarily apply for the Food Assistance Program. Prior to certifying any resident for food assistance, the worker shall verify that the resident qualifies as disabled as defined in the Definition of Common Terms section of the Appendix and that the group living arrangement is authorized by Food and Consumer Service as a retailer or is licensed by KDADS, including KDADS determination that the center is a nonprofit organization.

 

NOTE: To determine if an organization is licensed by KDADS, contact the appropriate Area Office licensing specialist.

NOTE: Individuals residing in homes or apartments that are paying rent, utilities, HCBS services, transportation, food, etc., to a for profit community service provider are considered living in an institution and are not eligible for food assistance if the facility or community service provider provides more than 50% of the residents meals. This includes situations where prepared meals are served and situations where the residents purchase and prepare meals. Each situation will have to be determined on a case-by-case basis and EES Administration can assist in making a determination if needed.

 

Persons residing in these specialized living arrangements shall be certified by using the same provisions that apply to all other households, with the exception of the special provisions set forth in this section.

 

2542.1 Certification Procedures

 

  1. Residents of group living arrangements shall either apply and be certified through use of an authorized representative employed and designated by the group living arrangement, or apply and be certified on their own behalf, or through an authorized representative of their own choosing. The group living arrangements shall determine if any resident may apply for food assistance on his/her own behalf. The determination should be based on the resident's physical and mental ability to handle his/her own affairs. The facility should be encouraged to consult with any other agencies of the state providing services to the individual residents prior to making a determination. All residents of the group living arrangement do not have to be certified by the same method.
     
  2. Group home residents applying through use of the facility's authorized representative shall have their eligibility determined as a one-person household.
     
    1. Residents applying on their own behalf or through an authorized representative of their own choosing may apply as a one-person household or for any grouping of residents applying as a household as defined in 4210.

      Those certified on their own will have a Kansas Benefits Card issued and they will select their own PIN.
       
    2. If the resident applies through the facility as the authorized representative, the group living arrangement may either receive and spend that resident's food assistance benefits for food prepared by and/or served to the eligible resident or allow the eligible resident to use all or a portion of the allotment on his/her own behalf. Those certified through an authorized representative will have a card issued to the authorized representative for the client. The client may or may not also need a card issued to them. This decision will have to be made on a case-by-case basis with the client and their authorized representative.
       
    3. If the residents are certified on their own behalf, the food assistance benefits may be used to purchase food for meals served either communally or individually to eligible residents, used by eligible residents to purchase and prepare food for their own consumption, and/or to purchase meals prepared and served by the group living arrangement.

NOTE: Facilities with a large food assistance volume may be issued a POS and the facility will use the Kansas Benefits Card and transfer food assistance benefits to the facility's account. For clients in semi-independent living, clients may shop for themselves and use the card at the store with assistance. In some instances, facilities with a smaller volume of food assistance use will use vouchers to transfer food assistance benefits. (To have a POS device or use vouchers, the facility must be authorized by USDA as a retailer.)

2542.2 Processing Standards

 

  1. Residents of group living arrangements who are entitled to expedited service shall have benefits made available no later than 7 calendar days following the date the application was filed. Verification and documentation requirements shall be completed prior to issuance of a second coupon allotment. See procedures for postponement of verification in 1415.1 (4).
     
  2. Residents of group living arrangements who are not eligible for expedited service shall have their applications processed in accordance with normal processing standards (see 1413). When normal processing standards apply, verification and documentation requirements shall be completed prior to making an initial determination. Also see 1322.
     
  3. Changes in household circumstances and reviews shall be processed by using the same standards that apply to all other food assistance households.
     
  4. Resident households shall be afforded the same rights to notices of adverse action, fair hearings, and lost benefits as are all other food assistance households.
     

2542.3 Income and Resources - The financial eligibility criteria outlined in 5000 and 6000 apply to households in these special living arrangements.

 

To determine the shelter deduction for residents of a group living arrangement facility, any payment that the resident makes which can be specifically identified as a shelter expense shall be considered. Since there is no exclusion or deduction allowed for actual board payments, any single payment for room and board must be reduced by the current maximum monthly food assistance allotment for that size household in order to determine the resident's shelter expense. The payment shall be further reduced by any amounts specifically set aside for purposes other than shelter, such as an income allowance for personal needs. The remainder shall be considered as the shelter expense.

 

NOTE: The cost of the maximum monthly allotment to be deducted shall be that in effect at the time of certification. The worker is only required to update the allotment amount, if necessary, at the next scheduled review.

 

2542.4 Group Living Facility Responsibilities

 

  1. Each group living arrangement facility shall provide the Area EES Program Administrator with a list of currently participating residents on a monthly basis. This list shall include a statement signed by a responsible facility official attesting to the validity of the list. The Area EES Program Administrator or his or her designee shall conduct periodic on-site visits to the center to assure the accuracy of the listings and that the facility's records are consistent and up-to-date.
     
  2. When the group living arrangement facility is acting as a resident's authorized representative, the facility shall notify the local DCF office, as provided in 9121 or 9122, of changes in the household's income or other circumstances and of when the household leaves the group living arrangement.
     
  3. The group living arrangement facility receiving benefits on behalf of a household shall store the Kansas Benefits Card(s) in a secure location.
     
  4. The organization or institution acting as the authorized representative for residents shall be responsible for any misrepresentation or fraud which it knowingly commits in the certification of center residents. As an authorized representative, the organization or institution must be knowledgeable about the household's circumstances and should carefully review those circumstances with residents prior to applying on their behalf. The organization or institution shall be strictly liable for all losses or misuse of food assistance benefits held on behalf of resident households and for all overissuances which occur while the households are residents of the center.
     
  5. The group living arrangement facility, either acting as an authorized representative or retaining use of the benefits on behalf of the residents (regardless of the method of application), shall have the responsibility outlined in 2542.6 when the household moves out of the group living arrangement.
     

2542.5 Residents of Group Living Arrangement

 

  1. A resident, who has made application on his/her own behalf, shall be responsible for reporting changes to the local DCF office as provided in 9121 or 9122.
     
  2. The resident applying on his/her own behalf shall be responsible for overissuances as would any other household.
     

2542.6 Responsibility of the Group Home, Acting as an Authorized Representative, When a Resident Exits - When a household leaves the facility, the group living arrangement, either acting as an authorized representative or retaining use of the benefits on behalf of the residents (regardless of the method of application) shall have the following responsibilities:

 

  1. When a household leaves the group living arrangement before the 16th of the month, the facility shall provide the resident household with one-half of it's allotment.
     
  2. When a household leaves the facility on or after the 16th of the month, the facility has the right to retain all benefits issued for that month.

    NOTE:     The rules listed in items (1) and (2) above apply regardless of whether the food assistance are available before or after the household's departure.
     
  1. The facility shall note in its records the amount and date benefits are returned to departing residents.
     
  2. Once the household leaves the group living arrangement, the facility may no longer act as that household's authorized representative. The group living arrangement shall, if possible, provide the household with a Change Report Form to report to the local DCF office the household's new address and other circumstances after leaving the facility, and shall advise the household to return the form to the appropriate local DCF office within 10 days.
     

2542.7 Action Required When Residents, Who Retained the Use of Their Own Benefits, Exit - When a resident or group of residents, who applied on their own behalf and retain the use of their own benefits leave(s) the group living arrangement, the following rules apply:

 

  1. If a group of residents have applied as one household, a pro rata share of the remaining benefits shall be provided to any departing member.
     
  2. The group living arrangement shall, if possible, provide the household with a Change Report Form to report to the local DCF office the household's new address and other circumstances after leaving the group living arrangement and shall advise the household to return the form to the appropriate local DCF office within 10 days.
     
  3. The household is responsible for reporting the changes in household circumstances.
     

2542.8 Agency Responsibility to Report Misuse - The local DCF office shall promptly notify the EES Policy Section when it has reason to believe that a group living arrangement facility is misusing benefits. The local DCF office will be notified by the EES Policy Section if the facility is disqualified, if it is determined administratively or judiciously that benefits were misappropriated, or used for purposes that did not contribute to a certified household's meals. If FNS disqualifies the facility, the EES Policy Section will notify the local DCF office to suspend the group living arrangement's authorized representative status for the disqualification period. The local DCF office shall take no action prior to FNS action against the facility other than to establish a claim for overissuance as discussed in 11120.

 

2542.9 Agency Action When the Group Living Arrangement is Disqualified or Loses Certification - If the group living arrangement loses its basic certification from the responsible agency or agencies of the state, its residents are no longer eligible to participate. When FNS disqualifies a group home as a retailer and the authorized representative status of the facility is suspended, all residents of the group living arrangement, who are using the facility as an authorized representative are ineligible. However, in this instance, residents of group living arrangements applying on their own behalf are still able to participate if they are otherwise eligible.